Court hears warring dentists with 'toxic' work relationship have resolved dispute
A High Court dispute between two dentists who operate their separate practices out of the same premises has been resolved after both parties withdrew all allegations of improper conduct against each other.
Dentists Dr Michael Maguire and Dr James Hiney, had for many years worked well alongside each other from a building they co-own at Market Point, Mullingar, Co Westmeath.
However, the court heard that relationship became "toxic" and in proceedings launched last June, Dr Maguire claimed his staff were put under surveillance by a secret camera installed in a hole in the ceiling of the shared premises by Dr Hiney.
Dr Hiney claimed the camera was put in for security reasons and denied it was used to spy on Dr Maguire or his staff, as alleged.
Dr Maguire did not accept that explanation and sought various injunctions from the High Court against Dr Hiney including one preventing the defendant from monitoring and surveillance of his employees.
The case was adjourned from time to time returned before the court today when Stephen Byrne Bl for Dr Maguire said following "a second mediation" between the parties that ended late on Wednesday night the proceedings had been settled and could be struck out.
As part of the settlement, counsel read a statement to the court.
It said "that in the course of the division of the two dentist's practices a number of difficulties and disagreements arose between the parties.
"These unfortunately resulted in various allegations and counter allegations being made about the conduct of the dentists and their respective employees, including in the proceedings that came before the court.
"These proceedings have compromised in terms acceptable to the two dentists."
Counsel said "for the avoidance of doubt the dentists unconditionally withdraw all and any allegations of improper conduct of any description against each other made during this difficult period.
Dr Maguire now acknowledges that in installing CCTV cameras in the premises that Dr Hiney did not intend to survey Dr Maguire or his patients.
"Dr Maguire understands that Dr Hiney installed the cameras following consultation with An Garda Siochana.
"Dr Maguire now further acknowledges that any contact by Dr Hiney of Dr Maguire's patients was not for the purposes of solicitation.
"Both Dr Maguire and Dr Hiney are now pleased that the proceedings have been resolved" counsel concluded.
No other details of the settlement agreement were revealed in open court.
Welcoming the resolution Ms Justice Leonie Reynolds agreed to strike out the case.
In his action, Dr Maguire claimed there had been a host of issues between the dentists, ranging from petty complaints to serious allegations of criminal behaviour between the two.
He claimed Dr Hiney made allegations against him, including assault, defamation, harassment, vandalism, the withholding of information from insurers about the building they share.
Dr Maguire rejected all the allegations against him.
Dr Maguire had also claimed in his action that Dr Hiney had engaged in a marketing campaign, including sending text messages, in an effort to solicit his patients
Dr Maguire claimed that his patient's details were obtained from a backup computer server that contained records which the defendant removed from the shared premises and has not returned and that Dr Hiney had engaged people to commence works on the exterior of the premises.
He had also sought orders requiring Dr Hiney to return all data allegedly removed to Dr Maguire, an order that the alleged solicitation of his patients ceases, and that any proposed construction works at the premises be halted.
All of the allegations were denied by Dr Hiney, who said he never intended to have any construction works carried out on the shared premises as long as Dr Maguire's business was operating out of the building.
